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Monday, March 7, 2005



The House of Delegates met at 1:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, March 4, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2002, Creating a uniform system of bail bond forfeiture procedures for all courts of record in the state,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2002 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-11-1, relating to a bail bond forfeiture code, generally; issuing an arrest warrant for nonappearing defendant; time period allowed surety to produce the defendant; additional period for cause; when bail bond exonerated; penalties to fleeing defendant; and refunds following forfeiture,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com Sub. for H. B. 2002) will be placed on the Consent Calendar.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the annual report of the Joint Committee on Government Operations, in accordance with section twelve, article ten, chapter four of the code; which was filed in the Clerk's Office.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 40 - "A Bill to amend and reenact §11A-3-20 of the Code of West Virginia, 1931, as amended, relating to a sheriff's tax on sale of real estate erroneously assessed or nonexistent; and modifying the method for a purchaser to recover the purchase money"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 42 - "Bill to amend and reenact §17-24-7 of the Code of West Virginia, 1931, as amended, relating to providing a limitation of liability for remediation costs for certain owners of real property where the waste tire accumulation occurred as the result of the activities of others and the current owners were not responsible for the accumulation; authorizing the Division of Highways to recover from prior owners of the property in certain circumstances; and requiring notice of the existence of illegal waste tire piles to be filed by the Division with the county clerk"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 101 -
"A Bill to amend and reenact §17C-3-5 of the Code of West Virginia, 1931, as amended, relating to providing that drivers of motor vehicles may, during certain times, treat red lights as stop signs"; which was referred to the Committee on Roads and Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 152 -
"A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as amended, relating to permitting county commissions to alter, in a certain manner, the observance of legal holidays for county employees"; which was referred to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of

Com. Sub. for S. B. 268 - "A Bill to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-3A-24 of said code, all relating to underage possession of nonintoxicating beer and alcoholic liquor; and conforming state law to federal requirements by providing that violation by a person under the age of eighteen constitutes a status offense instead of a misdemeanor "; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 269, Supplementing, amending, reducing and increasing items of existing appropriations from State Road Fund to Department of Transportation, Division of Highways.

.A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 12 - "Requesting the Division of Highways name the bridge on Route 49 crossing the Tug River from Matewan, Mingo County, to Buskirk, Kentucky, the 'Michael S. Justice Bridge'."
Whereas, Michael S. Justice, who served with pride and distinction in the United States Navy, was assigned to the battleship USS Iowa; and
Whereas, On April 19, 1989, the USS Iowa was engaged in gunnery exercises 330 miles northeast of Puerto Rico. Suddenly, there was an explosion and subsequent fire on the second of two forward turrets at the loading position of the middle gun in the three-gun turret. As a result of the explosion, 47 sailors were killed; and
Whereas, Sadly, one of the sailors killed on that terrible day was West Virginia native Michael S. Justice of Matewan, Mingo County; and
Whereas, It is fitting that a lasting tribute be paid to the honor and memory of Michael S. Justice who was killed while in service to this nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route 49 crossing the Tug Fork River from Matewan, Mingo County, to Buskirk, Kentucky, the "Michael S. Justice Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to make and place signs identifying the bridge as the "Michael S. Justice Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 14 - "Requesting the Division of Highways name the new bridge at Peytona, Boone County, the 'Charles R. Carrico Memorial Bridge'."
Whereas, Charles R. Carrico was born August 21, 1925, in Williamson, Mingo County; and
Whereas, Charles R. Carrico, who was a resident of Boone County, joined the United States Army on November 4, 1943. He received his training at Fort Thomas, Kentucky; Fort Riley, Kansas; and Camp Bowie, Texas; and
Whereas, Private First Class Charles R. Carrico served in the European Theatre during World War II. He was wounded in battle in Germany for which he received the Purple Heart; and
Whereas, On April 16, 1945, PFC Charles R. Carrico was killed in action in Hogenbak, Germany; and
Whereas, It is fitting to name the new bridge at Peytona, Boone County, in honor of PFC Charles R. Carrico for his service to this nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the new bridge at Peytona, Boone County, the "Charles R. Carrico Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Charles R. Carrico Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 15 - "Requesting the Division of Highways name the bridge south of toll barrier C on the West Virginia Turnpike at Sharon, Kanawha County, the 'Tony DeRaimo Memorial Bridge'."
Whereas, The Honorable Tony DeRaimo, a former coal miner, served the Senate of West Virginia with dedication and pride for 23 years and served nine years as the Sergeant at Arms; and
Whereas, The Honorable Tony DeRaimo also served the citizens of eastern Kanawha County through his participation in many civic activities, especially the establishment of the Cabin Creek Health Clinic in Dawes, West Virginia. He was extremely proud to have served as a member of the board and as treasurer for this worthwhile service to the citizens of the Cabin Creek community; and
Whereas, The Honorable Tony DeRaimo passed away on January 10, 2004. His memory and dedicated service to the Senate will long be remembered; and
Whereas, It is fitting that a lasting tribute be paid to such an outstanding gentleman as Tony DeRaimo, former coal miner, public servant and Senate Sergeant at Arms; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge south of toll barrier C on the West Virginia Turnpike at Sharon, Kanawha County, the "Tony DeRaimo Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Tony DeRaimo Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 17 - "Requesting the Division of Highways name the I-64 bridge in Charleston, known as the Fort Hill Bridge, crossing the Kanawha River, the 'Eugene A. Carter Bridge'."
Whereas, Eugene A. Carter was born in 1909 in Prudence, Fayette County. At the age of 17, he went to work for the New River Pocahontas Consolidated Coal Company, the same coal company that employed his father; and
Whereas, In 1934, during the Depression, Eugene A. Carter came to Charleston and began working as a driver for a local dairy company. He helped to form the first local Teamsters Union. In 1936, he was elected President of Teamsters Local 175 and served in that capacity until 1974; and
Whereas, In 1945, Eugene A. Carter was elected President of the West Virginia Federation of Labor and served in that capacity until the AFL State Federation and the CIO Industrial Union Council merged to form the West Virginia Labor Federation, AFL-CIO, in 1957; and
Whereas, The leadership and inspiration of Eugene A. Carter helped the AFL and the Teamsters to experience dramatic growth during his tenure. He truly dedicated his life for the betterment of West Virginia workers and serves as an inspiration to labor leaders who have followed him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the I-64 bridge in Charleston, known as the Fort Hill Bridge, crossing the Kanawha River, the "Eugene A. Carter Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Eugene A. Carter Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 18 - "Requesting the Division of Highways name the new bridge on state Route 73, between Fairmont and Boothsville in Marion County, the 'Andrew G. and Carmen L. Hauge Bridge'."
Whereas, Andrew G. Hauge, a resident of Fairmont, Marion County, and a graduate of Ohio State University, enlisted in the United States Air Force in 1941; and
Whereas, While serving in the 51st Fighter Squadron in India during World War II, Andrew G. Hauge met a nurse named Carmen Larson who was serving in the 20th General Military Hospital and who had previously worked as a surgical nurse at Mayo Clinic. He and Carmen were eventually married. After the war, Andrew G. and Carmen L. Hauge returned to Fairmont, West Virginia, to family-owned property on Route 73 and the family business, Hauge's Florist and Greenhouse in Fairmont; and
Whereas, Andrew G. Hauge was instrumental in establishing the Tri-County Water Association to help provide clean water to the residents along Route 73. He served as a member and President of the Marion County School Board. He also led an effort to form the Grant Public Service District to provide a sewage system for Boothville and the surrounding area; and
Whereas, Andrew G. and Carmen L. Hauge have set an example of the highest ideals of family, community service and commitment to our nation; and
Whereas, It is fitting that the bridge near their home be named in honor of these two outstanding West Virginians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the new bridge on state Route 73, between Fairmont and Boothsville in Marion County, the "Andrew G. and Carmen L. Hauge Bridge"; and, be it
Further Resolved, That the Division of Highways have made and place signs designating the bridge as the "Andrew G. and Carman L. Hauge Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 19 - "Requesting the Division of Highways name the bridge on I-79 at Route 310, at East Grafton Road, the 'Anthony Joseph Yanero Memorial Bridge'."
Whereas, Anthony Joseph Yanero was born July 20, 1919, the son of the late Felix A. and Stephanie Delligatti Yanero; and
Whereas, Anthony Joseph Yanero, a successful businessman, was co-owner of Valley Distributing in Fairmont; and
Whereas, Anthony Joseph Yanero had a great love of the legislative process in West Virginia and in earlier days was always present during legislative sessions in Charleston. His popularity with legislators was immense and his contributions to the legislative process were momentous; and
Whereas, After many years of contributing to the legislative process as a citizen, Anthony Joseph Yanero was appointed to the West Virginia Senate on January 18, 1985, and served until January, 1987; and
Whereas, Following his service as a distinguished and dedicated member of the West Virginia Senate, the Honorable Anthony Joseph Yanero was appointed to serve as a member of the Citizens Legislative Compensation Commission, a position he held until his passing; and
Whereas, It is fitting that a lasting tribute to the Honorable Anthony Joseph Yanero, who passed away on Friday, October 17, 2003, be established in honor of his service to his community and state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Senate hereby requests the Division of Highways name the bridge on I-79 at Route 310, at East Grafton Road, the "Anthony Joseph Yanero Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegates Webster, Amores, Anderson, Argento, Ashley, Azinger, Barker, Beane, Boggs, Border, Brown, Browning, Butcher, Campbell, Cann, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Eldridge, Ellem, Ennis, Ferrell, Fragale, Frich, Hartman, Hatfield, Howard, Hrutkay, Hunt, Lane, Leach, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Palumbo, Perry, Pethtel, Pino, Poling, Porter, Roberts, Rowan, Schoen, Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wells, G. White, H. White and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Recognizing the need to increase resources and make other changes essential to the elimination of racial and ethnic health disparities in West Virginia."
Whereas, Racial, ethnic and cultural groups have a disproportionately high burden of disease, disability and death because minorities are less likely than whites to receive health services; and
Whereas, More than twice as many pregnant African American women than pregnant Caucasian women in West Virginia go without prenatal care within the first trimester of pregnancy; and
Whereas, Within West Virginia, more than twice as many African Americans than Caucasians die from diabetes and prostate cancer; and
Whereas, Having health insurance coverage does not guarantee receipt of needed medical care among older African American adults living in West Virginia; and
Whereas, A state should have a diverse healthcare workforce with providers who know the values, beliefs, traditions, and cultures of the patients they serve; and
Whereas, The database inventory of the Bureau for Public Health does not include African American, Indian or other minority physicians practicing in West Virginia; and
Whereas, Data are essential for policymakers, state agencies and private healthcare systems to identify minority health disparities, to improve minority health programs and to measure progress in eliminating disparities; and
Whereas, The West Virginia Minority Health Chart Book reporting data on the health of minorities in this state has not been updated since its publication in 1999; and
Whereas, A strong state minority health office needs sufficient human and financial resources, a statewide minority health plan, a statewide advisory group, and data on health disparities and performance measures to address racial and ethnic health disparities and design strategies to eliminate disparities; and
Whereas, A Minority Health Program Coordinator is employed by the Division of Rural Health, but the Division receives no dedicated state funding for minority health programing and there is no active minority health advisory group nor is there a statewide minority health plan; therefore, be it
Resolved by the Legislature of West Virginia:
That the state needs to increase resources and make other changes essential to the elimination of racial and ethnic health disparities; and, be it
Further Resolved, That the Osteopathic Medical School, the Marshall School of Medicine, the West Virginia University School of Medicine and other state colleges and universities should strive to produce a diverse healthcare workforce that mirrors the state population and a workforce that is trained in the cultural and linguistic differences of the minority populations they may serve; and, be it
Further Resolved, That the Bureau for Public Health should collect, analyze and report health data by race and ethnicity at regular intervals not exceeding every two years so that it is available to help determine what programs and strategies are essential to eliminating minority health disparities; and, be it
Further Resolved, That the Bureau for Public Health seek funding from private and public sources for the operation of the Minority Health Program; and, be it
Further Resolved, That Bureau for Public Health should rename its Minority Health Program the Office of Minority Health and establish a statewide minority health advisory council with members from both within and without government which should be charged with preparing a statewide minority health plan; and, be it
Further Resolved, That the Minority Health Program is encouraged to partner with hospitals and other providers, academic institutions and others to take advantage of resources available through the partners.
Mr. Speaker, Mr. Kiss, and Delegates Webster, Amores, Anderson, Argento, Ashley, Azinger, Barker, Beane, Boggs, Border, Brown, Browning, Butcher, Campbell, Cann, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Eldridge, Ellem, Ennis, Fragale, Hartman, Hatfield, Howard, Hrutkay, Hunt, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Palumbo, Paxton, Perry, Pino, Porter, Roberts, Rowan, Schoen, Spencer, Staton, Stemple, Sumner, Susman, Swartzmiller, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wells, G. White, H. White and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 31 - "Recognizing the importance of increasing funding to the special five-year demonstration professional development school project to improve the academic achievement of all children in the State of West Virginia."
Whereas, The citizens of the State of West Virginia realize that well-educated children and families are essential for maintaining safe and economically sound communities; and
Whereas, Low student achievement is associated with increased delinquent behavior, higher drug use and pregnancy rates, and higher unemployment and adult incarceration rates; and
Whereas, Each year, more students enter school with circumstances in their lives that schools are ill-prepared to accommodate; and
Whereas,
The achievement of all students can be dramatically improved when schools focus on factors within their control, such as the instructional day, curriculum and teaching practices; and
Whereas, Ensuring access for all students to the rigorous curriculum they deserve requires effective teaching strategies that include, but are not limited to, using a variety of instructional approaches, using varied curriculum materials, engaging parent and community involvement and support in the educational process, and providing the professional development, support and leadership necessary for an effective school; and
Whereas, House Bill 4669 was enacted by the West Virginia Legislature during the 2004 regular session to address these policy concerns by mandating the creation of a five-year special demonstration professional development school project to commence with the 2004-2005 school year; and
Whereas, Select Committee E on racial profiling and related minority issues endorses this special demonstration professional development school project after hearing testimony from the project's chief administrator during the 2004 legislative interim session; and
Whereas,
No specific funding to implement the mandated special demonstration professional development school project was appropriated for any fiscal year of the project, resulting in an unfunded mandate; and
Whereas,
Additional funding is needed in order to fully effectuate the special demonstration professional development school project; therefore, be it
Resolved by the Legislature of West Virginia:
That an increase in funding for the term of the special demonstration professional development school project is essential to fund the implementation and operation of the special demonstration professional development school project mandated by H. B. 4669 in the 2004 regular session commencing with the 2004-2005 fiscal year, including a supplemental appropriation for that fiscal year and special budget appropriations for the remaining fiscal years of the mandated special demonstration professional development school project.
Mr. Speaker, Mr. Kiss, and Delegates Webster, Amores, Anderson, Argento, Ashley, Barker, Beane, Boggs, Border, Brown, Browning, Butcher, Campbell, Cann, Caputo, Crosier, DeLong, Doyle, Eldridge, Ellem, Ennis, Fragale, Hall, Hartman, Hatfield, Howard, Hrutkay, Hunt, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Palumbo, Paxton, Perry, Pethtel, Pino, Porter, Roberts, Schoen, Spencer, Staton, Stemple, Sumner, Susman, Swartzmiller, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wells, G. White, H. White and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 32 - "Requesting the Joint Committee on Government and Finance to study the creation of a small disadvantaged business loan pool offered by certain private local financial institutions and guaranteed by the State of West Virginia."
Whereas, It is important to create a small disadvantaged business loan pool, to be offered by certain private local financial institutions and guaranteed by the State, to assist in the development of small disadvantaged businesses throughout the State for the benefit of disadvantaged individuals and communities; and
Whereas, The citizens of the State of West Virginia realize that offering business loans guaranteed by the State to small disadvantaged businesses benefits all citizens of the State by encouraging small disadvantaged business growth and creating new employment opportunities in disadvantaged communities; and
Whereas, The Economic Development Authority has actively been working in conjunction with various stakeholders to study the creation of a small disadvantaged business loan pool; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the creation of a small disadvantaged business loan pool guaranteed by the State to encourage small disadvantaged business growth and the creation of employment opportunities to benefit disadvantaged individuals and communities; and, be it
Further Resolved, That the Legislature should encourage and monitor the creation of a small disadvantaged business loan pool; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Mr. Speaker, Mr. Kiss, and Delegates Webster, Amores, Anderson, Argento, Ashley, Azinger, Barker, Beane, Boggs, Border, Brown, Browning, Butcher, Campbell, Cann, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Eldridge, Ellem, Ennis, Fragale, Frich, Hartman, Hatfield, Howard, Hrutkay, Hunt, Leach, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Palumbo, Paxton, Perry, Pethtel, Pino, Porter, Roberts, Rowan, Schoen, Spencer, Staton, Stemple, Sumner, Susman, Swartzmiller, Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wells, G. White, H. White and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 33 - "Requesting the Joint Committee on Government and Finance to make a study of participation of minority and other disadvantaged small businesses in the process of competing for and obtaining state contracts."
Whereas, During its 2004 Regular Session, the Legislature adopted House Concurrent Resolution 25, recognizing, in part, that business ownership among racial and ethnic minorities in this State appears to be proportionately less than minority business ownership nationwide and recommending that the State take steps to encourage minority small business development, including reviewing state procurement policies and practices; and
Whereas, The State has traditionally had no established program to encourage effective and meaningful participation of African Americans and other minorities in the process of competing for and awarding of state contracts for goods and services; and
Whereas, The Small Business Administration of the United States Government has in place programs to encourage participation in the procurement of federal government contracts by small businesses owned and controlled by socially and economically disadvantaged individuals, including racial and ethnic minorities and women; and
Whereas, The West Virginia Department of Transportation is required by federal law to develop and has in place a program to certify "disadvantaged business enterprises" as a means of fostering equal opportunity for small businesses owned and controlled by socially and economically disadvantaged individuals with regard to federally-funded Department-assisted contracts in state highway and transit programs; and
Whereas, It appears that the State should have programs similar to those administered by the federal Small Business Administration and the United States Department of Transportation; and
Whereas, It is in the interest of this State to encourage successful development of small minority-owned businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of developing a program, similar to the programs operated by the federal Small Business Administration and the United States Department of Transportation, to encourage minority small business participation in competing for and obtaining state contracts, to be implemented by the Department of Administration and, possibly, by other agencies; and, be it
Further Resolved, That any study should include, at a minimum, a review of the disadvantaged business programs of the federal Small Business Administration, the United States Department of Transportation, the West Virginia Department of Transportation, and any other similar programs; a review of how state government contracts are awarded; and consideration of how to develop goals for awards of contracts to disadvantaged businesses and provide for reports on the meeting of such goals by state agencies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with the drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Campbell and Williams:
H. B. 2894 - "A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing rules; higher education policy commission; council for community and technical college education; Underwood-Smith Teacher Scholarship Program; West Virginia Engineering, Science and Technology Scholarship Program; Medical Education Fee and Medical Student Loan Program; and performance indicators"; to the Committee on Education.
By Delegates Rowan, Stevens, Porter and Roberts:
H. B. 2895 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-32, relating to requiring physicians to take steps designed to save the life of a child delivered alive during an abortion procedure; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Tansill and Stevens:
H. B. 2896 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to requiring that physicians who perform abortions must have staff privileges at a hospital within fifteen minutes travel time of the facility providing the abortion or that the facility have a working agreement between the facility and a hospital within fifteen minutes travel time; providing a penalty for noncompliance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Azinger (By Request):
H. B. 2897 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to changing compulsory school attendance until age eighteen or until the student graduates"; to the Committee on Education then the Judiciary.
By Delegates Azinger, Evans, DeLong, Beane, Amores, Campbell and Stalnaker:

H. B. 2898 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-20C-6, relating to providing that physicians are exempt from cancellation or nonrenewal of medical malpractice coverage when called to active duty in the armed forces; and, providing that the requirement to pay premiums on such a policy of coverage is suspended until the return of the physician from active duty"; to the Committee on Veterans Affairs and Homeland Security then the Judiciary.
By Delegates Roberts, Overington, Duke and Tabb (By Request):
H. B. 2899 - "A Bill to amend and reenact §60-2-16 of the Code of West Virginia, 1931, as amended, relating to allowing counties with contiguous borders with other states where the closing time for bars is earlier than the closing time set by the Alcohol Beverage Control Commission to set a closing time at an hour no later than that of the contiguous state"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2900 - "A Bill to amend and reenact §38-2-7 of the Code of West Virginia, 1931, as amended, relating to mechanics' liens; and correcting confusing statutory language"; to the Committee on the Judiciary.
By Delegates Walters, Carmichael and Lane:
H. B. 2901 - "A Bill to amend and reenact §29-22B-1408 of the Code of West Virginia, 1931, as amended, relating to distribution of state's share of gross terminal income from limited video lottery; increasing the lottery Commission's share of gross profits from video lottery gross terminal income; increasing the share of net terminal income distributed to counties and incorporated municipalities"; to the Committee on the Judiciary then Finance.
By Delegates Beane and Ennis:
H. B. 2902 - "A Bill to amend and reenact §30-1-11 of the Code of West Virginia, 1931, as amended, relating to prohibiting a board member of a board of examination or registration created in chapter thirty from receiving compensation for travel days before or after the day of a board meeting"; to the Committee on Government Organization.
By Delegates Beane and Ennis:
H. B. 2903 - "A Bill to amend and reenact §30-36-7 and §30-36-19 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Acupuncture Board; requiring routine inspections of acupuncture facilities; authorizing the Board to take action against persons violating the code and Board rules without first having received a written complaint; and correcting an incorrect citation"; to the Committee on Government Organization then Finance.
By Delegates Beane and Ennis:
H. B. 2904 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-58, relating to requiring the Director of the Purchasing Division of the Department of Administration to establish a vendor performance evaluation program"; to the Committee on Government Organization.
By Delegates Beane and Ennis:
H. B. 2905
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-25, relating to creating a voluntary tax check-off program to support James 'Tiger' Morton Catastrophic Illness Fund"; to the Committee on Finance.
By Delegates Beane and Ennis:
H. B. 2906 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to authorizing the Tourism Commission to promulgate emergency rules addressing the use of money from the Tourism Promotion Fund for direct advertising within the state's travel regions"; to the Committee on Government Organization then the Judiciary.
By Delegates Beane and Ennis:
H. B. 2907 - "A Bill to amend and reenact §59-1-11a of the Code of West Virginia, 1931, as amended, relating to imposing additional costs on defendants convicted of offenses involving the driving of a motor vehicle or operating a motorized vessel while under the influence of alcohol, controlled substances or drugs; and requiring the deposit of the additional costs into the State General Fund"; to the Committee on the Judiciary then Finance.
By Delegates Beane and Ennis:
H. B. 2908 - "A Bill to amend and reenact §30-1-12 of the Code of West Virginia, 1931, as amended, relating to requiring certain state boards of examination and registration to have websites accessible to the public; specifying minimum content; requiring the Information Services and Communications Division within the Department of Administration to assist the boards in developing the websites; and requiring the Governor to ensure that links to each of the boards websites are accessible through the state's internet home page"; to the Committee on Government Organization then Finance.
By Delegates Stalnaker:
H. B. 2909 - "A Bill to amend and reenact §5-10-2, §5-10-15, §5-10-17, §5-10-21, §5-10-22, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System, revising definitions; clarifying use of restricted qualified military service credit to one retirement system; restricting certain rights of members to select a plan beneficiary; requiring annual physician review and an annual statement of earnings from certain persons receiving disability retirement payments; providing that interest is to be included in the calculation of terminal benefits payable as the result of death of retired participants; providing guidance on correcting employer errors; clarifying use of members' unused, accrued leave in final average salary; and technical corrections"; to the Committee on Pensions and Retirement then Finance.
By Delegates Williams, Perry, Beach, Eldridge, Sumner, Tansill and Tabb:
H. B. 2910 - "A Bill to amend and reenact §18A-4-8 of the Code of West Virginia, 1931, as amended, relating to salaries, wages and other benefits of school service personnel; adding new class title positions for administrative assistant, cook IV and sanitation plant operator II, all to be paid from county funds equivalent to certain pay grades"; to the Committee on Education then Finance.
By Delegates Michael, Amores, Beane, Craig, Trump, Hall and Ashley:
H. B. 2911 - "A Bill to repeal §35-1-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §35-1-1, §35-1-4 and §35-1-7, all relating to removing limitations upon the acreage of lands that may be held by the trustee or trustees of any individual church, parish, congregation or branch of any religious sect, society or denomination within this state"; to the Committee on the Judiciary.
By Delegates Spencer, Perdue and Williams:
H. B. 2912 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-37, relating to the development and implementation of individual diabetes care plans; and, requiring county boards of education to implement the guidelines"; to the Committee on Health and Human Resources then Finance.
By Delegates Stevens, Tansill, Evans, Rowan and Porter:
H. B. 2913 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to requiring preemployment examinations for persons working in a facility that performs abortions; and providing penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 2914 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7B-12, relating to restricting actions against doctors who are board certified in reproductive endocrinology and infertility because an in vitro fertilization attempt failed to result in a live birth"; to the Committee on the Judiciary.
By Delegates Roberts, Porter and Stevens:
H. B. 2915 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to requiring that the Bureau for Public Health license, regulate and perform weekly inspections of every facility where three or more abortions are performed during a calendar year"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Frich, Stevens and Roberts:
H. B. 2916
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2B-5, relating to prohibiting any person who is not a physician licensed to practice in this state from performing an abortion; and providing a penalty for same"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Frich, Stevens, Roberts, Tansill, Carmichael and Wakim:
H. B. 2917
- "A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to the business franchise tax; phasing out and abolishing the business franchise tax by the thirtieth day of June, two thousand seven"; to the Committee on Finance.
By Delegates Howard, Hamilton, Sobonya and Craig:
H. B. 2918
- "A Bill to amend and reenact §15-11-2 of the Code of West Virginia, 1931, as amended, relating to expanding the funeral expense payment benefit to include all probation officers killed in the line of duty"; to the Committee on the Judiciary then Finance.
By Delegates Poling, Perry, Hamilton and Hrutkay:
H. B. 2919 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9A-27, all relating to changing the required ratio of school nurses to one nurse per every 1,500 students in grades kindergarten through twelve; and making school nurse salaries part of the basic foundation support plan"; to the Committee on Education then Finance.
By Delegates Longstreth, Caputo, Manchin, Perdue and Cann:
H. B. 2920 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to changing the required ratio of school nurses in each county from one nurse per every one thousand five hundred students in kindergarten through seventh grade to one nurse per every seven hundred fifty students in grades preschool through twelfth grade"; to the Committee on Education then Finance.
By Delegates Tansill and Stevens:
H. B. 2921 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to granting authority to the Bureau for Public Health the authority to inspect facilities that provide abortions at any time of day or night without a warrant and the authority to make photocopies of all documents and records in the facility; and providing a penalty for noncompliance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Lane, Walters, Armstead, Sumner and Porter:
H. B. 2922 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to prohibiting subsidies to entities that perform abortions"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Lane, Stephens, Porter, Blair and Sumner:
H. B. 2923 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to banning partial birth abortions in instances when the unborn child is capable of survival if delivered"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Caputo, Manchin, Longstreth, Poling, Barker, Eldridge, Louisos, Hrutkay, Fragale, Iaquinta and Miley:

H. B. 2924 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-28, relating to allowing state employees to take paid leave to attend parent-teacher conference for their children"; to the Committee on Government Organization then Finance.
By Delegates Howard, Sobonya and Wakim:
H. B. 2925 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional jails by changing the way that the cost of incarcerating inmates in regional jails is collected so that it is shared by the county, state and municipality wherein the alleged criminal act occurred; and making the cost of incarcerating a person for less than twenty-four hours one-half the amount charged for incarcerating an inmate for a full day"; to the Committee on the Judiciary then Finance.
By Delegates Overington, Carmichael, Sumner, Tansill and Wakim:
H. B. 2926 - "A Bill to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to providing that all persons have the right to be free from violence without regard to the motivation behind the violence"; to the Committee on the Judiciary.
By Delegates Roberts, Porter and Stevens:
H. B. 2927 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to requiring that nursing services provided at facilities that provide abortions be under the direction of a legally and professional qualified registered nurse"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates H. White, Ron Thompson, Hrutkay, Perry, Azinger and G. White:
H. B. 2928 - "A Bill to amend and reenact §33-2-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-20-12 of said code; to amend and reenact §33-24-4 of said code; to amend and reenact §33-25-10 of said code; to amend and reenact §33-25A-17 of said code; and to amend and reenact §33-25D-18 of said code, all relating to examinations of insurance and health care entities; increasing the time in which insurers, rating organizations and certain health care entities may respond to examination reports from the Insurance Commissioner; clarifying that the Insurance Fraud Prevention Act applies to certain health care entities; and increasing the minimum period in which examinations of certain health care entities must be conducted by the Insurance Commissioner"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2929 - "A Bill to repeal §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16 and §30-4A-17 of the Code of West Virginia, 1931, as amended; and that said code be amended by adding thereto a new article, designated §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16, §30-4A-17 and §30-4A-18, all relating to the administration of anesthesia by dentists"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Lane, Sumner, Porter, Border, Trump, Ashley, Hall, Schoen, Walters, Carmichael and Frederick:

H. B. 2930 - "A Bill to amend and reenact §11-15-3 and §11-15-9 of the Code of West Virginia, 1931, as amended, all relating to the consumer sales and service tax; applying a consumer sales and service tax upon sales of wagers or plays by racetrack video lottery licenses to players of racetrack video lottery; removing exemption of the consumers sales and service tax for sales of wagers or plays by racetrack video lottery licensees to players of racetrack video lottery; providing an exemption from the consumer sales and service tax upon food and food products sold for human consumption off the premises where sold"; to the Committee on Finance.
Consent Calendar

The Clerk announced that, pursuant to House Rule 70a, the following request had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:
Com Sub. for H. B. 2501, on second reading, Consent Calendar, to the House Calendar, by Delegate Louisos.
Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2244, Making the state's criminal and penalty laws applying to the use and display of beer and alcoholic beverages in motor vehicles conform to federal law,
H. B. 2350, Relating to conditions for awarding teaching certificates,

Com. Sub. for H. B. 2466, Eliminate provisions which created unlawful classifications based on race and to update obsolete provisions,

H. B. 2484, Relating to notification of parole hearings,

H. B. 2599, Permitting attorneys to act as surety on a fiduciary bond if they are not representing a participant in the estate or trust,
And,
H. B. 2846, Continuation of the Real Estate Appraiser Licensing and Certification Board.

On the passage of the bills, the yeas and nays were taken (Roll No. 82), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Eldridge, Ferrell and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2244, H. B. 2350, Com. Sub. for H. B. 2466, H. B. 2484, H. B. 2599 and H. B. 2846) passed.
Delegate Staton moved that H. B. 2846 take effect July 1,2005.
On this question, the yeas and nays were taken (Roll No. 89), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Eldridge, Ferrell and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2846) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence therein.
Second Reading

The following bills, on second reading, coming up in regular order, were read a second time and ordered to engrossment and third reading.
H. B. 2368, Increasing the veterinary fee for each cat and dog vaccinated for rabies,
H. B. 2428, Providing that magistrate court may be temporarily held in various locations throughout the county,
And,

H. B. 2607, Expanding newborn screening by adding sickle cell anemia and adrenal hyperplasia.

First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2764, Relating to allowing the Board of Medicine to issue a license to a physician convicted of certain drug related offenses,
H. B. 2892, Continuation of the Bureau for Child Support Enforcement,
And,
H. B. 2893, Continuation of the James "Tiger" Morton Catastrophic Illness Commission.
House Calendar

Third Reading

Com. Sub. for H. B. 2189, Authorizing law-enforcement officers to deputize police in other states; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
Second Reading

H. B. 2497, Providing that a truck with four axles in combination with a trailer with two axles is limited to a max gross weight of eighty thousand pounds with a tolerance of ten percent; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Roads and Transportation, was reported by the Clerk and adopted, amending the bill on page
one, following the section heading, by striking out the remainder of the bill and inserting in lieu thereof the following:
"(a) It shall be is unlawful for any owner, lessee or borrower of a vehicle or combination of vehicles to operate on any highway other than the national system of interstate and defense highways such that vehicle or combination of vehicles with a gross weight in excess of the gross weight for which such vehicle or combination of vehicles is registered or in excess of any weight limitation set forth in this chapter, whether such limitation be specifically stated in this chapter or set by express authority granted this chapter: Provided, That if any vehicle is operated within the tolerances established in this section for the gross weight of that vehicle, then that vehicle shall be deemed for all purposes to be operating at the gross weight for which it is registered and the registered weight is deemed to include the ten percent tolerance associated with it under this section.
(b) Subject to the limit upon the weight imposed upon the highway through any one axle as set forth in section eight of this article, the total gross weight on vehicles or combination of vehicles operated on any highway other than the national system of interstate and defense highways shall be as follows:
(1) A single unit truck having one steering axle and two axles in tandem shall be limited to a maximum gross weight of sixty thousand pounds with a tolerance of ten percent.
(2) A single unit truck having one steering axle and three axles in tridem arrangement shall be limited to a maximum gross weight of seventy thousand pounds with a tolerance of ten percent.
(3) A single unit truck having one steering axle and four axles in quadem arrangement shall be limited to a maximum gross weight of seventy-three thousand pounds with a tolerance of ten percent.
(4) A tractor-semitrailer combination with five axles, a tractor-semitrailer combination with six or more axles, a single unit truck having one steering axle and two axles in tandem in combination with a trailer with two axles and a single unit truck having one steering axle and three axles in tridem in combination with a trailer with two axles, shall be limited to a maximum gross weight of eighty thousand pounds with a tolerance of ten percent.
(4) A tractor-semitrailer combination with six or more axles shall be limited to a maximum gross weight of eighty thousand pounds with a tolerance of ten percent."
The bill was then ordered to engrossment and third reading.
H. B. 2510 , Allowing public sector moneys to be used to satisfy the matching requirements of the workforce initiative in certain circumstances, on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2663, Relating to digging, growing, collecting, gathering, possessing and selling ginseng, on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2501, Providing for the termination of the agency Jobs for West Virginia's Graduates from the Public Employees Retirement System; on second reading, coming up in regular order, was read a second time.
Delegate Louisos moved to amend the bill on page seven, section eighteen, line one hundred one, by changing the period to a colon and inserting the following proviso: "Provided, That any member of the defined contribution retirement system may change to the public employees retirement system at any time prior to the thirty-first day of December, two thousand six."
Delegate Varner arose to a point of order as to the germaneness of the amendment.
To the point of order the Speaker replied, stating that the fundamental purpose of the amendment was not germane to the fundamental purpose of the bill to which it was offered.
The bill was then ordered to engrossment and third reading.
First Reading

H. B. 2450, Relating to a child's right to nurse; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leave of absence for the day was granted Delegate Ferrell.
Miscellaneous Business

Delegates Eldridge and Schoen announced that they were absent when the vote was taken on Roll Nos. 82 and 89, and that had they been present they would have voted "Yea" thereon.
Delegate Stevens asked and obtained unanimous consent that the remarks of Delegate Trump regarding the exceedingly rapid growth of the school population and the attendant needs relative thereto in the Eastern Panhandle be printed in the Appendix to the Journal.
At 1:53 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Tuesday, March 8, 2005.